18:1341: MAIL FRAUD; 18:2: AIDING AND ABETTING, CAUSING AN ACT TO BE DONE(2)

Special
Assessment of $200.00. Restitution $3,000,000.00. The defendant and its
convicted co-defendant, Jayprakash Dhanak, will be held jointly and
severally liable for the total amount of restitution, although
Jayprakash Dhanak's rest itution liability shall not exceed
$2,500,000.00. The Defendant shall comply with General Order No. 01-05.
All fines are waived. Defendant is hereby placed on Probation on Count
2 of the Indictment for a term of five years under Terms and Condit
ions of the United States probation Officer and General order 318.

Highest Offense Level (Opening)

Felony

Terminated Counts

Disposition

18:1341: MAIL FRAUD; 18:2: AIDING AND ABETTING, CAUSING AN ACT TO BE DONE(1)

Government's motion, all remaining counts ordered dismissed.

18:1341: MAIL FRAUD; 18:2: AIDING AND ABETTING, CAUSING AN ACT TO BE DONE(3-23)

MEMORANDUM
filed by USA as to Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak
seeking authority for an investigative action and being filed on
6/15/00, does not relate to, a mtr pending in the Narcotic Section of
the US Atty's Ofc before April 20, 1999, the date on which Magistrate
Judge Jeffrey W. Johnson resigned his appt in that ofc; or was
personally involved or on which he was personally consulted while
employed in the US Atty's Ofc. (mt) (Entered: 06/20/2000)

06/15/2000

6

MEMORANDUM
filed by USA as to Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak.
This criminal action, being filed on 6/15/00: -- was pending in the
U.S. Attorney's Office before 12/22/98, the date on which U.S. District
Judge Nora M. Manella began receiving criminal matters; -- was not
pending in the U.S. Attorney's Office before 11/2/92, the date on which
U.S. District Judge Lourdes G. Baird began receiving criminal matters.
(mt) (Entered: 06/20/2000)

PLACED IN FILE - NOT USED: [Propsd] Order re mot to compel the production of docs by Master-Sort Inc. (ts) (Entered: 01/30/2001)

01/29/2001

65

MINUTES
OF MOTION HEARING RE: DFT MASTER-SORT, INC.'S MOTION TO COMPEL
PRODUCTION OF DOCS held before Judge David O. Carter as to Master-Sort
Inc, Jayprakash Dhanak, Leela Dhanak: denying motion to compel
production of documents. [55-1]. Order signed & filed this date.
Further stat conf set for 6/11/01 at 8:30am remains. Trial set for
6/26/01 at 8:30am w/a 15 day estimate remains. All cnsl & dfts are
ORDERED to be present. C/R: Michelle McKay. (ts) (Entered: 01/30/2001)

01/29/2001

66

ORDER
filed by Judge David O. Carter as to Master-Sort Inc : denying motion
to compel production of documents. [55-1] (cc: all counsel) (ts)
(Entered: 01/30/2001)

STIPULATION
TO CONT HRG DATE FOR MOTIONS TO DISMISS & FOR A BILL OF
PARTICULARS; ORDER filed by Judge David O. Carter as to Jayprakash
Dhanak, Leela Dhanak: Motions hearing cont to 1:30pm on 5/21/01. (ts)
(Entered: 05/07/2001)

MINUTES
OF STATUS CONFERENCE held before Judge David O. Carter as to
Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak: Mtr called. Cnsl
recite their aprs. Discussion between Crt & cnsl re trial date. If
a new trial date can be agreed upon by all parties, a stip & propsd
ord is to be submitted to the Crt for consideration. Trial set for
6/26/01 at 8:30am w/a 15 day estimate to remain. Cnsl & dfts ord to
be present. C/R: Dawn Bullock. (ts) (Entered: 05/22/2001)

MINUTES
OF IN CHAMBERS HEARING - NTC OF CONT OF PRETRIAL STAT CONF held before
Judge David O. Carter as to Master-Sort Inc, Jayprakash Dhanak, Leela
Dhanak: On the Crt's own mot, the stat conf set for 6/11/01 has been
cont. Pretrial status hearing cont to 8:30am on 6/19/01. Cnsl &
dfts ord to be present. C/R: Not present. (ts) (Entered: 05/24/2001)

REPLY filed by Master-Sort Inc to gov's opposition to motion for a bill of particulars [73-1] (ts) (Entered: 05/25/2001)

05/25/2001

93

DECLARATION
of Brian E Mitchell by Master-Sort Inc in support of Master-Sort Inc's
reply to gov's opposition to mot for bill of particulars [73-1]. (ts)
(Entered: 05/25/2001)

05/25/2001

94

DECLARAITON
of James McCarthy by Master-Sort Inc in support of Master-Sort Inc's
reply to gov's opposition to mot for bill of particulars [73-1]. (ts)
(Entered: 05/25/2001)

05/25/2001

95

PROOF
OF SERVICE filed by Master-Sort Inc of declarations & reply to
gov's opposition to mot for bill of particulars [94-1] [93-1] [92-1]
(ts) (Entered: 05/25/2001)

06/01/2001

99

REPLY
filed by USA as to Dfts' requests to continue trial date from 6/26/01
to 10/16/01 [90-1] and motion for a bill of particulars [73-1] (ts)
(Entered: 06/04/2001)

06/04/2001

100

MINUTES
OF MOTION HEARINGS held before Judge David O. Carter as to Master-Sort
Inc, Jayprakash Dhanak, Leela Dhanak: granting motion to continue trial
date [87-1]. Fur pretrial conf set for 1:30pm on 1/7/02; jury trial
cont to 8:30am on 2/5/02. Motion by dfts to dism is taken off-calendar
by agreement of all cnsl. Motion by dfts for bill of particulars is
cont to 10/15/01 at 1:30pm. Crt ords a discov cut-off date of 10/1/01
& a motion cut-off date of 12/3/01. Gov cnsl to prep, serve &
lodge an ord for exl time. All cnsl & dfts are ord to be present.
C/R: Debbie Gale. (ts) (Entered: 06/08/2001)

MINUTES
OF MOTION HEARING held before Judge David O. Carter as to Master-Sort
Inc, Jayprakash Dhanak, Leela Dhanak: Dfts Leela Dhanak &
Jayprakash Dhanak not present. Mot by Dft Jayprakash for bill of
particulars is withdrawn by cnsl [73-1]. Crt orders warrant for arrest
w/no bail issued as to dfts Leela Dhanak & Leela Dhanak for failure
to apr at this hrg. Dfts shall apr before the District Judge to answer
the warrant. Mot by Atty Stanley Friedman to w/draw as cnsl for dft
Leela Dhanak will be heard at the time the dft aprs to answer the
warrant. Crt sets mot filing deadline for 11/19/01. Opposition due
12/03/01. Reply, if any, due 12/10/01. Mot hrg set for 1:30pm on
12/17/01. C/R: Candace Nichols. (ts) (Entered: 10/16/2001)

MOTION
filed by USA as to Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak for
expert discovery , or in the alt, to preclude the admission of any
expert testimony or evid at trial as to Master-Sort Inc, Jayprakash
Dhanak, Leela Dhanak ; Exhs. Returnable on: 12/17/01 at 1:30pm. (ts)
(Entered: 11/19/2001)

MINUTES
OF IN CHAMBERS HEARING held before Judge David O. Carter as to
Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak: granting ex parte
application motion for status conference for subst cnsl & setting
of dates [109-1]. On the Crt's own motion, the motions in limine hrg
set for 12/17/01 at 1:30pm is advanced to 1217/01 at 7:30am; status
hearing set for 7:30am on 12/17/01 re Dft Leela Dhanak req. Cnsl &
dfts ord to be present. C/R: None present. (ts) (Entered: 11/30/2001)

12/03/2001

124

MEMORANDUM
filed by Master-Sort Inc in opposition to motion for expert discovery
[120-1], motion to preclude the admission of any expert testimony or
evid at trial as to Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak
[120-2] (ts) (Entered: 12/04/2001)

REPLY
filed by USA as to Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak
Opposition to Government's motion for expert discovery or in the
alternative to preclude the admission of any expert testimony or
evidence at trial. (th) (Entered: 12/11/2001)

MINUTES
OF MOTION HEARING held before Judge David O. Carter as to Master-Sort
Inc, Jayprakash Dhanak, Leela Dhanak: Gov's mot in limine to limit
dfts' presentation of character wits is DENIED as premature. Gov's mot
in limine to preclude admission of extrinsic & irrelevant hearsay
evid re gov wits Javier Ayala & Enio Blanco is not ruled on at this
time. Gov's mot for expert discov or in the alt, to preclude the
testimony or evid at trial is GR. Expert discov shall be completed 2
weeks before trial. Gov's mot in limine to preclude the admission of
evid re Civil False Claims Act is GR. Gov's mot in limine to preclude
references to polygraph exams is GR. Gov's mot to preclude prod of
prior misdemeanor conviction records of gov wit is not ruled on at this
time. [120-1], [120-2], [119-1] [118-1]. Crt ord crtroom cleared of all
persons other than crt staff, dfts, current cnsl & cnsl seeking
subst. Crt GR subst of EOC Ord in place of Rafael Bernardino Jr for
Jayprakash Dhanak. Crt GR subst of David McNeil retained in place of
Stanley L Friedman for dft for Leela Dhanak. Motions filing deadline is
9/16/02; pretrial conf cont to 9/30/02 at 8:30am; trial cont to
10/22/02 at 8:30am w/a 15 day time estimate. Dfts orally & through
cnsl Wvd time for trial. Gov cnsl to prep, serve & file an ord for
excl time. All cnsl & dfts ord to be present. C/R: Debbie Gale.
(ts) (Entered: 12/20/2001)

01/22/2002

144

FINDINGS
AND ORDER filed by Judge David O. Carter as to Master-Sort Inc,
Jayprakash Dhanak, Leela Dhanak: Jury trial cont to 8:30am on 10/22/02.
The period from February 5, 2002, to October 22, 2002, inclusive shall
be deemed an excludable period under 18:3161 (h)(8)(A). (cc: all
counsel) (th) (Entered: 01/25/2002)

MINUTES
OF IN CHAMBERS HEARING held before Judge David O. Carter as to
Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak: On the Court's own
montion, the Status Conference is continued to 07/22/02 at 1:30.
Further, the Prtrial Conference is continued to 10/07/02 at 1:30 pm.
Counsel and dfts are ordered to be present. C/R: N/A (tso) (Entered:
07/17/2002)

MINUTES
OF STATUS CONFERENCE held before Judge David O. Carter as to
Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak: Court orders the
courtroom cleared of all persons other than court staff, and defense
cnsl for Jay Prakash and Leela Dhanak for in camera discession. Status
Conference hearing set for 8:30am on 7/29/02. If the document turn over
issue is resolved, cnsl may stipulate, and no appearance will be
necesary. All cnsl and dft's are ordered to be present. C/R: Debbie
Gale (th) (Entered: 07/24/2002)

07/29/2002

171

MINUTES
OF STATUS CONFERENCE held before Judge David O. Carter as to
Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak: Court orders the
courtroom cleared of all persons other than court staff, and present
and former cnsl for Jay Prakash and Leela Dhahak for in-camera
discussion. Court further orders this portion of transcript sealed.
Stipulation by cnsl re document production under seal is granted. C/R:
Debbie Gale (th) (Entered: 07/29/2002)

07/29/2002

172

NOTICE
OF DISCREPANCY AND ORDER by Judge David O. Carter as to Master-Sort
Inc, Jayprakash Dhanak, Leela Dhanak Document Notice of filing under
seal ordered filed and processed. (th) (Entered: 07/31/2002)

08/05/2002

185

MINUTES
OF MOTION BY DFT'S JAYPRAKASH DHANAK AND LEELA DHANAK TO SET REASONABLE
CONDITIONS FOR ACCESS AND USE OF RECORDS HEARING held before Judge
David O. Carter as to Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak:
E.O.C. Ord specially appearing for David McNeil Morse. Granted in part
and Denied in part motion To set reasonable conditions for defense
access and use of the records at the Post Office. [184-1]. Dft's hours
are extended from 8:00am to 7:00pm to inspect documents at the Post
Office. Postal Inspectors are also ordered to be present. C/R: Debbie
Gale (th) (Entered: 08/07/2002)

REPLY by USA as to Master-Sort Inc to [197-1]. (th) (Entered: 09/17/2002)

09/16/2002

205

MINUTES
OF 1. MOTIONS IN LIMINE BY GOV TO A) PRECLUDE THE ADMISSION OF
EXTRINSIC AND IRRELEVANT HEARSAY EVIDENCE RE GOV WITNESSES JAVIER AYALA
AND ENIO BLANCO; B) LIMIT DFT'S PRESENTATION OF CHARACTER WITNESSESS;
PRECLUDE PRODUCTION OF PRIOR MISDEMEANOR CONVICTION RECORDS OF
GOVERNMENT WITNESS (FILED UNDER SEAL) 2. PRETRIAL CONFERENCE HEARING
held before Judge David O. Carter as to Master-Sort Inc, Jayprakash
Dhanak, Leela Dhanak: Court declines to rule on motions at this time.
Court informs cnsl that all motions in limine will be heard at the time
of trial. On the Court's own motion the Pretrial Conference presently
set for 10/7/02 at 1:30pm is take off calendar. Trial presently set for
10/22/02 at 8:30am with a 15 day time estimate remains. Cnsl and dfts
ordered to be present. C/R: Debbie Gale (th) (Entered: 09/19/2002)

MEMORANDUM
filed by USA as to Master-Sort Inc, Jayprakash Dhanak, Leela Dhanak in
opposition to motion in limine to exclude evidence of payments by
Sierras & Sons to John Makoff and Jayprakash and Leela Dhanak
[214-1]. (th) (Entered: 10/16/2002)

PROOF
OF SERVICE filed by Master-Sort Inc of declaration [230-1], motion in
limine to exclude evidence of other alleged crimes, wrongs, and similar
acts. [229-1] Proposed Order Granting Dft's Motion In Limine to Exclude
Evidence of other alleged crimes, wrongs, and similar acts. (th)
(Entered: 10/17/2002)

10/18/2002

232

Filing
of Business records certification for Mayes & Mailly pursuant to
the Self-Authentication of Provisions of Federal Rules of Evidence
902(11) filed by USA as to Master-Sort Inc, Jayprakash Dhanak, Leela
Dhanak. (tso) (Entered: 10/22/2002)

10/18/2002

233

MEMORANDUM
filed by USA as to Master-Sort Inc in opposition to motion in limine to
exclude evidence of other alleged crimes, wrongs, and similar acts
[229-1]. (tso) (Entered: 10/22/2002)

MINUTES
OF CHANGE OF PLEA HEARING held before Judge David O. Carter as to
Master-Sort Inc: Defendant moves to change plea to the Indictment.
Representative of Dft Corporation Master-Sort Inc. sworn and states
true name as David M. Johnson. Plea of guilty entered by Master-Sort
Inc (1) count(s) 2. The Court questions the defendant regarding plea of
guilty and finds it knowledgeable and voluntary and orders the plea
accepted and entered. The Court refers Master-Sort Inc to the Probation
Office for investigation and report. Sentencing hearing set for 1:30pm
on 3/3/03. Court further orders the jury trial presently set for
October 22, 2002 at 8:30am vacated as to this dft only. Cond of bond to
remain in full force and effect. C/R: Jane Sutton & Debbie Gale
(th) (Entered: 10/28/2002)

MINUTES
OF SENTENCING held before Judge David O. Carter as to Master-Sort Inc
(1) count(s) 2. Special Assessment of $200.00. Restitution
$3,000,000.00. The defendant and its convicted co-defendant, Jayprakash
Dhanak, will be held jointly and severally liable for the total amount
of restitution, although Jayprakash Dhanak's restitution liability
shall not exceed $2,500,000.00. The Defendant shall comply with General
Order No. 01-05. All fines are waived. Defendant is hereby placed on
Probation on Count 2 of the Indictment for a term of five years under
Terms and Conditions of the United States probation Officer and General
order 318. Dismissing count(s) as to Master-Sort Inc (1) count(s) 1,
3-23. Government's motion, all remaining counts ordered dismissed. C/R:
Debbie Gale (th) (Entered: 03/05/2003)

MINUTES
OF IN CHAMBERS - ORDER EXONERATING BOND HEARING held before Judge David
O. Carter as to Master-Sort Inc: On July 31, 2000, bond in the amount
of $10,000.00 was posted on behalf of defendant Master-Sort Inc. The
Government having no opposition, the now Court orders bond exonerated
as to defendant Master-Sort Inc. Exonerating bond as to Master-Sort Inc
. C/R: Not Present (th) (Entered: 03/21/2003)

04/02/2003

Reopened M/M acct. with US Bank for $10,810.92 filed as to Master-Sort Inc. (th) (Entered: 04/08/2003)

05/07/2003

265

MINUTES
OF IN CHAMBERS - VACATING ORDER EXONERATING BOND HEARING held before
Judge David O. Carter as to Master-Sort Inc: On March 20, 2003, the
Court exonerated bond in the amount of $10,000.00 as to defendant
Master-Sort Inc. It has come to the Court's attention that the
Affidavit of Surety form for a cash deposit in the amount of
$10,000.00, was incorrectly completed on behalf of defendant
Master-Sort Inc. The cash deposit should have been made of behalf of
defendant Jayprakash Dhanak. Vacating [257-1] Scheduling order
Exonerating bond as to Master-Sort Inc. C/R: None Present (th)
(Entered: 05/21/2003)

STIPULATION
AND ORDER filed by Judge David O. Carter as to Master-Sort Inc:
terminating probation early. The Court orders that Master-Sort, Inc.'s
term of probation, as set forth in the Amended Jdugmetn, shall be
terminated effective upon the signing of this Order. (tso) (Entered:
12/08/2004)

01/24/2005

328

MINUTES
OF MOTION TO TERMINATE RESTITUTOIN AND FOR A REFUND held before Judge
David O. Carter as to Jayprakash Dhanak: Counsel inform the Court that
they have resolve the issue and will prepare a stipulation and proposed
order with specific details of the resolution. Accordingly, defendant's
above-mentioned motion is deemed withdrawn and ordered vacated [325-1].
C/R: Jane Sutton Rule (tso) (Entered: 01/26/2005)